Report No. 40
31. Repeal of section 542 recommended.- Section 542 of the Code which has not been amended subsequently, reads as follows:-
"542. (1) Notwithstanding anything contained in the Prisoners' Testimony Act, 1869, any Presidency Magistrate desirous of examining, as a witness or an accused person, in any case pending before him any person confined in any jail within the local limits of his jurisdiction, may issue an order to the officer in charge of the said jail requiring him to bring such prisoner in proper custody, at a time to be therein named, to the Magistrate for examination.
(2) The officer so in charge, on receipt of such order, shall act in accordance therewith and shall provide for the safe custody of the prisoner during his absence from the jail for the purpose aforesaid.".
As already noted1, this section is slightly different in scope and effect from the 1955-Act, although the latter applies equally to the courts of presidency magistrates. There is no point in having two different provisions for the same purpose. We recommend that section 542 should be repealed.
1. Para. 8, supra.